JUDGMENT

Fateh Deep Singh, J. (Oral) - The matter has been taken up through Videoconferencing on account of outbreak of pandemic COVID-19.

2. The petitioners, who are husband and wife have come up in this writ petition under Articles 226/227 of the Constitution of India seeking issuance of directions to the respondents to terminate the pregnancy of the wife-petitioner No. 1 in respect of the child in her womb. The claim is based on the premise that as per the medical examination of the pregnancy by the experts expressed it was found that the foetus is suffering from Tetralogy of Fallot with Ventricular Septal Defect and there is large hole in the heart and which continuation of the pregnancy would be dangerous for the life of the child.

3. Consequent upon appearance on behalf of the respondents by the counsel vide order dated 1.3.2021, on prayer the Permanent Medical Board from P.G.I. Chandigarh was called for to adjudge on the same.

4. That as per the report bearing No. HSPADN000374 dated 4.3.2021 received by this Court in sealed cover, following observations have been given by the Permanent Medical Board comprising of eleven doctors including chairperson, which is reproduced as under: -

1.As per the USG done on 03/03/2021 the period of gestation is 20 weeks and 5 days wks with single live intrauterine pregnancy with congenital heart anomaly. The period of gestation is 22 wks by LMP (last menstrual period).

2. The fetal ECHO done on 03/03/2021 has multiple developmental cardio vascular anomaly including ventricular septal defect (VSD), double outlet rightventricle (DORV) and pulmonary stenosis which requires multiple surgeries during neonatal period. This is a severe congenital heart anomaly and no compatible with normal life.

3. The patient is psychologically stressed due to carrying a pregnancy wherein the fetus is affected with congenital malformation and does not wish to continue this pregnancy.

4. The patient has been examined and found to be medically fit.

5. As per the Royal College of Obstetricians & Gynaecologists (RCOG) guidelines (Termination of pregnancy for fetal abnormality, 2010), when medical abortion is performed after 21 weeks + 6 days of gestation for fetal abnormalities, ultrasound guided injection of Potassium Chloride into the fetal heart is advised prior to abortion to prevent a live birth.

6. In view of the above the Permanent Medical Board recommends that this patient may undergo medical termination of pregnancy at this stage due to single live intrauterine fetus with severe congenital malformation of the fetal heard which is not compatible with normal life."

5. On behalf of the respondents, the counsel has made statement that he does not oppose the relief being sought in the petition and have no objection to it. Upon hearing Mr. Gaurav Sharma, Advocate, for the petitioners; Mr. Alok Kumar Jain, Advocate, for the respondents-PGI and on perusal of records.

6. The Apex Court has clearly Lald down in Suchita Srivastava and another Vs. Chandigarh Administration 2009 (4) RCR (Civil) 258 that termination of pregnancy is the sole prerogative of the women and a pregnancy cannot be permitted to be terminated without her consent with the rider that the medical practitioner is satisfied that continuation of the pregnancy would involve risk of life or grave injury to the mother of the child. In the present case, the report is itself abundantly reflecting that there is certain serious medical congenital defects and the opinion of the board that there is malformation of the fetal heart. In the present case, the petitioner wife is major and as has been brought to the notice of this Court is in a sound state. The board is of the opinion that since the pregnancy is of 20 weeks and 5 days and is possible by means of ultrasound guided injection of potassium chloride. Keeping in view the ends of justice and to ensure undue hardships to the petitioners as the child in the womb is opined to be malformed and would oscillates between li